Council Minutes
September 16, 2003 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, September 16, 2003 – 7:30 PM – Town Hall
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Schweder called the meeting to order. Reverend
Gilberto Garcia-Rodriguez, of First United Church of Christ,
offered the invocation which was followed by the pledge to
the flag. Present were Ismael Arcelay, Jean Belinski, John
B. Callahan, Robert J. Donchez, James S. Gregory, Magdalena
F. Szabo, and J. Michael Schweder, 7.
Public Hearing – Miscellaneous Zoning Text Amendments
Prior to the consideration of the regular Agenda items,
President Schweder called to order a Public Hearing to consider
Miscellaneous Zoning Text Amendments, as follows: Section
1302.38 – Height of a Structure, Section 1309.02 –
Use Regulations – Adding Arena, Section 1318.11 –
Projections into Front Yards, Section 1318.17 – Rear
Yard Requirements, Section 1320.09 – On-Premise Signs,
Section 1322.04 – Distance Between Multi-Family Dwellings,
and Section 1322.04 – Special Conditions for Conditional
Uses – Adding Arenas.
A. Planning and Zoning Bureau – Miscellaneous Zoning
Text Amendments
The Clerk read a memorandum from Tracy Samuelson, Assistant
Director of Planning and Zoning, dated August 19, 2003 in
which it was advised that, at the August 14, 2003 meeting,
the Planning Commission unanimously recommended approval of
the miscellaneous zoning text amendments contained in a memorandum
dated July 24, 2003, along with revisions contained in an
August 21, 2003 memorandum.
B. Lehigh Valley Planning Commission – Miscellaneous
Zoning Text Amendments
The Clerk read a letter dated August 29, 2003 from Frederic
H. Brock, Assistant Director of the Lehigh Valley Planning
Commission, in which it was stated that, at its meeting on
August 28, 2003, the Commission reviewed the amendments, considers
them to be a matter of local concern, and voted to offer no
comment.
Assistant Director of Planning and Zoning Comments
Tracy Samuelson, Assistant Director of Planning and Zoning,
explained that the proposed miscellaneous text amendments
to the Zoning Ordinance constituted various "clean-up"
items and responses to requests from some community members
and applicants with which the Bureau agreed. Ms. Samuelson
reviewed each of the Miscellaneous Zoning Ordinance Text Amendment
requests, as follows: Section 1302.38 – Height of a
Structure, Section 1309.02 – Use Regulations –
Adding Arena, Section 1318.11 – Projections into Front
Yards, Section 1318.17 – Rear Yard Requirements, Section
1320.09 – On-Premise Signs, Section 1322.04 –
Distance Between Multi-Family Dwellings, and Section 1322.04
– Special Conditions for Conditional Uses – Adding
Arenas.
Ms. Samuelson noted that the amendment to Section 1302.38
– Height of a Structure, dealt with measuring the height
of a structure on the front facade of a building, and allowing
for a steeper roof. The current height measurement from the
ground to the peak of the roof did not allow for the present
trend for more steeply sloped roofs. Ms. Samuelson continued
on to point out that, if there is any habitation in the upper
floor, then the measurement would be to the peak of the roof.
Ms. Samuelson advised that in Section 1309.02 – Use
Regulations, the word Arena has been added for the use of
an Arena in the Institutional Zoning District. She continued
on to affirm that this takes care of the long-standing situation
with Stabler Arena and Rauch Field House both located at Lehigh
University's campus where various events are conducted. Confirming
that the text amendment legitimizes these activities in the
Zoning Ordinance, Ms. Samuelson informed the Members that
no signs would be permitted, and the addition allows for the
use of the arena in the Institutional Zoning District. She
highlighted the fact that the other text amendment in Section
1322.04 – Special Conditions for Conditional Uses –
Adding Arenas, qualifies the use by stating that arenas are
only permitted in existing buildings containing at least 60,000
square feet of floor area, as is the case at Rauch Field House,
or a minimum seating capacity of at least 6,000, as is the
case at Stabler Arena.
Ms. Samuelson, turning to the amendment to Section 1318.11
– Projections into Front Yards, explained that currently
porches can project five feet into the front yard and are
allowed to be half the width of the front wall. The amendment
legalizes more use of the front yard by allowing an open front
porch up to one-third of the required front yard, and allowing
it to go across the full width of the front of the home.
Ms. Samuelson, focusing on the amendment to Section 1318.17
– Rear Yard Requirements, noted that many zoning variance
approvals have been given and the changes would alleviate
these types of requests having to go before the Zoning Hearing
Board. Affirming that the amendment will allow an open porch
the full width of the back of the home, Ms. Samuelson highlighted
the fact that the Zoning legislation pertains to ground story
porches but not to second story porches.
Ms. Samuelson stated that the amendment to Section 1320.09
– On-Premise Signs deals with sign square footage situations
that arose. Ms. Samuelson commented that present regulations
for wall signs in Commercial Districts, regardless of the
number of stories or size of the building, allow for a total
of one hundred square feet of wall signs, and the sign cannot
cover more than twenty-five percent of one building face.
The amendment reduces the amount of coverage on any one building
face to twenty percent in order to protect a wall from being
cluttered. In addition, the total square footage for wall
signs has been increased to two hundred square feet to take
into account larger buildings.
Ms. Samuelson informed the assembly that the current provisions
of Section 1322.04 – Distance Between Multi-Family Dwellings,
requires a separation distance between a collection of multi-family
buildings of fifty feet. Since many people had expressed that
a fifty feet separation distance seemed excessive, Ms. Samuelson
communicated that the Bureau's research revealed that separation
distances in other communities averaged twenty to twenty-five
feet. As a result, the proposal would reduce the separation
distance between a collection of multi-family buildings from
fifty feet to twenty-five feet that is more reasonable.
Public Comments
Stephen Antalics, 737 Ridge Street, exemplified that in some
cases the conversion of a row home into apartments would allow
four cars to be parked there. Mr. Antalics, noting it seems
that some row homes could be converted into two apartments,
questioned what is multi and whether it is more than one.
Ms. Samuelson, responding it would be three or more, affirmed
that multi-family is defined in the Zoning Ordinance and read
the pertinent Section 1302.29 (f) in which it is stated that
Multi-Family is a building used for three or more dwelling
units. In further response to Mr. Antalics, Ms. Samuelson
informed him that the amendment deals with multi-family dwellings
located on the same lot so it is generally for new construction.
Dave Sanders, 69 East Goepp Street, inquired whether the
stated amendments relating to porches pertain to a single
homes or a row home.
Ms. Samuelson replied it would pertain to any type of home.
Continuing on to respond to Mr. Sanders' question, Ms. Samuelson
affirmed that the amendment does not allow a neighbor to build
up to the property line. She cited that, in the example of
a thirty-five foot rear yard, the ground floor open porch
could be up to one-third of the required rear yard or approximately
eleven feet.
Mr. Sanders, turning to the amendment addressing On-Premise
Signs, inquired about its applicability to a commercial building
in a residential neighborhood.
Ms. Samuelson, pointing out that the situation cited by Mr.
Sanders is in not a Commercial Zoning District, verified it
is a non-conforming use.
Mr. Sanders contended that, while the owners of a commercial
building in a residential neighborhood pay the same price
for the same license and the same mercantile tax as would
the Commercial District business owner, they cannot have the
same size signs. Mr. Sanders said he would ask City Council
to look into that particular part of the amendment because
there are a lot of businesses in Residential neighborhoods
who pay the same taxes and prices as those in Commercial Districts
and could be afforded bigger signs.
President Schweder stated that the appropriate Ordinances
will be placed on the October 7, 2003 City Council Agenda
for First Reading.
The Public Hearing was adjourned at 7:50 p.m.
4. APPROVAL OF MINUTES
The minutes of September 2, 2003 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
None.
6. OLD BUSINESS
None.
7. COMMUNICATIONS
C. Public Works Director – Lynn Avenue Bridge –
Federal Aid Reimbursement Agreement
The Clerk read a memorandum dated September 2, 2003 from
Michael Alkhal, Director of Public Works, to which was attached
the proposed Federal Aid Bridge Project Agreement No. 050008
for the Lynn Avenue Bridge Replacement, Project No. BR-01-W02,
providing for reimbursement to the City of funds for preliminary
engineering costs for the project. Under the Agreement, the
City will be reimbursed 95% of these costs up to $87,400,
and execution of the required Pennsylvania Department of Transportation
Resolution was requested.
President Schweder stated that authorizing Resolution 11
I is listed on this evening's Agenda.
D. Deputy Director of Community Development – Highway
Safety Program – Highway Issues
The Clerk read a letter dated September 3, 2003 from Dana
B. Grubb, Deputy Director of Community Development, to which
was attached a proposed resolution to receive funding in the
amount of $65,000 for Highway Safety Program Project No. CP
04-21-1 from the Pennsylvania Department of Transportation.
The funding will allow the Health Bureau to continue the program
focused on public awareness and education to address highway
safety issues including occupant protection, DUI awareness,
pedestrian/bicycle/motorcycle/school bus safety, safe vehicle,
driving, communities, and rail-highway crossing, and aggressive
driving.
President Schweder stated that authorizing Resolution 11
A is listed on this evening's Agenda
E. Deputy Director of Community Development – Highway
Safety Program – Child Safety
Issues
The Clerk read a letter dated September 3, 2003 from Dana
B. Grubb, Deputy Director of Community Development, to which
was attached a proposed resolution to receive funding in the
amount of $5,000 for Highway Safety Program Project No. J3
04-21-1 from the Pennsylvania Department of Transportation.
The funding will allow the Health Bureau to continue the program
focused on public awareness and education to increase child
passenger safety issues by conducting training and car seat
clinics.
President Schweder stated that authorizing Resolution 11 B
is listed on this evening's Agenda.
F. City Solicitor – Addendum No. 6 to Agreement between
Lehigh and Northampton Transportation Authority, Outdoor Marketing
Systems, Inc. d/b/a Lamar Transit Allentown and City of Bethlehem
- Additional Transit Shelter
President Schweder informed the assembly that Communication
7 F has been deleted from the Agenda.
G. Purchasing Director – Annual City Auction
The Clerk read a memorandum dated September 11, 2003 from
Mary Jo Reed, Director of Purchasing, requesting approval
of an attached Vehicle List and Surplus Property List for
the Annual City Auction to be held October 11, 2003.
President Schweder stated that authorizing Resolution 11
H is listed on this evening's Agenda.
H. Liquor License Transfer Request – Elliot’s
American Grill
The Clerk read a letter dated September 11, 2003 from Attorney
F. Paul Laubner, representing Elliot Matos of Elliot’s
American Grill, requesting consideration of an Intermunicipal
Transfer of Liquor License R-16360 from Sportsman Bar &
Restaurant, Inc., 3-5 Messinger Street, Bangor, Pennsylvania
18013, to Hermanos Matos, Inc., 81 West Broad Street, Bethlehem,
Pennsylvania 18018.
Mr. Donchez and Mr. Gregory moved to schedule a Public Hearing
on Tuesday, October 7, 2003 at 7:30 PM in Town Hall. Voting
AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez,
Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The motion passed.
8 . REPORTS
A. President of Council
None.
B. Mayor
None.
C. Community Development Committee
Magdalena Szabo, Chairwoman of the Community Development
Committee, presented an oral a report of the Committee's meeting
held on September 9, 2003 on the following subjects: Key-Bethlehem
Rental Rehabilitation Program; and Proposed 2004 CDBG and
HOME Programs.
D. Finance Committee
John Callahan, Chairman of the Finance Committee, presented
an oral report of the Committee's meeting held prior to this
evening's City Council Meeting of September 16 on the following
subjects: Transfer of Funds – Parks Maintenance –
Overtime; Utilization of Savings – Recycling Bureau
– Purchase of Snow Blower Attachment; Non-Utility Capital
Budget – Information Services – Purchase of Equipment;
Transfer of Funds – EMS – Overtime; Transfer of
Funds – Housing Inspections - Overtime; Transfer of
Funds – Community Development Block Grant – Five
Points Traffic Study and National Register Nomination; Transfer
of Funds – Engineering Bureau – Overtime; Amending
General Fund Budget – Streets Bureau – Overtime
and Supplies; Utilization of Savings – Water Capital
Budget – Field Test Equipment; Transfer of Funds –
Sewer Capital Budget – Regional Act 537 Analysis; Transfer
of Funds – Wastewater Treatment – Electric; Amending
Sewer Fund Budget – Insurance Reimbursement; Transfer
of Funds – Contingency Account Adjustments – Union
Contracts – SEIU, Police, and Fire; and Transfer of
Funds – City Clerk’s Office – Legal Advertising.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 39 – 2003 – Amending Community Development
Budget – 2003 CDBG Program
The Clerk read Bill No. 39 – 2003 – Amending
Community Development Budget – 2003 CDBG Program, on
Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 39 – 2003, hereafter to be known as Ordinance 4212,
was declared adopted.
10. NEW ORDINANCES
A. Bill No. 40 – 2003 – Amending General Fund
Budget – Streets Bureau - Overtime and Supplies
The Clerk read Bill No. 40 – 2003, Amending General
Fund Budget – Streets Bureau - Overtime and Supplies,
sponsored by Mrs. Belinski and Mr. Gregory, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2003.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 40 – 2003 was declared passed on First Reading.
B. Bill No. 41 – 2003 – Amending Sewer Fund Budget
– Insurance Reimbursement
The Clerk read Bill No. 41 – 2003, Amending Sewer
Fund Budget – Insurance Reimbursement, sponsored by
Mrs. Belinski and Mr. Gregory, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE SEWER FUND BUDGET FOR 2003.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 41 – 2003 was declared passed on First Reading.
11. RESOLUTIONS
A. Authorizing Execution of Highway Safety Program Grant
– Project CP 04-21-1 – Highway Issues
Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,165
which authorized the Mayor and Controller to sign the grant
documents provided by the Pennsylvania Department of Transportation
under its Highway Safety Program No. CP 04-21-1.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
B. Authorizing Execution of Highway Safety Program Grant
– Project J3 04-21-1 – Child Safety Issues
Mrs. Belinski and Mr. Donchez sponsored Resolution 14,166
which authorized the Mayor and Controller to sign the grant
documents provided by the Pennsylvania Department of Transportation
under its Highway Safety Program No. J3 04-21-1.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
C. Approving Participation in Key-Bethlehem Program –
Rental Rehabilitation
Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,167
approving the City's participation with Keystone Savings Bank
in the Key-Bethlehem Rental Rehabilitation Program for certain
qualifying properties within the City of Bethlehem, under
which Keystone Savings Bank offered to lend up to $1,000,000
for the Program.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
Motion - Removing Resolution 11 D from the Table; and Considering
Resolutions 11 D Through G As A Group
Mrs. Belinski and Mr. Donchez moved to take Resolution 11
D from the Table (Tabled at the September 2, 2003 City Council
Meeting), and to consider Resolutions D through G as a group.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
motion passed.
D. Certificate of Appropriateness – 42 West Market
Street
Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,168
which granted a Certificate of Appropriateness to install
5 storm windows on the front façade of 42 West Market
Street.
E. Certificate of Appropriateness – 424 North New Street
Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,169
which granted a Certificate of Appropriateness to install
courtyard and garden in front yard with fountain and bird
bath at 424 North New Street.
F. Certificate of Appropriateness – 136 East Market
Street
Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,170
which granted a Certificate of Appropriateness to construct
an addition at 136 East Market Street.
G. Certificate of Appropriateness – 472 Main Street
Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,171
which granted a Certificate of Appropriateness to install
a duct and exhaust fan at 472 Main Street.
Voting AYE on Resolutions 11 D through G: Mr. Arcelay, Mrs.
Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo,
and Mr. Schweder, 7. The Resolutions passed.
H. Authorizing Approval of Items – City Auction
Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,172
which authorized the proper officials to conduct a public
auction of the vehicles and equipment per the 2003 Surplus
Items List.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
I. Authorizing Federal Aid Reimbursement Agreement –
Lynn Avenue Bridge
Mr. Donchez and Mrs. Belinski sponsored Resolution 14,173
which authorized the Mayor and the Controller to execute a
Federal Aid Bridge Project Agreement between the Commonwealth
of Pennsylvania acting through the Department of Transportation,
and the City of Bethlehem, for the Lynn Avenue Bridge over
the Norfolk Southern/PB&NE Railroad, in accordance with
the provisions of the Agreement.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
J. Transfer of Funds – Parks Maintenance – Overtime
Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,174
with transferred $7,000 in the General Fund Budget from the
Parks Maintenance – Salaries Account to the Parks Maintenance
– Overtime Account to provide additional funds required
for overtime expenses.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
K. Utilization of Savings – Recycling Bureau –
Purchase of Snow Blower Attachment
Mrs. Belinski and Mr. Donchez sponsored Resolution 14,175
which approved $818 in the General Fund Budget from the Recycling
Bureau – Equipment Account to be used for the purchase
of a snow blower attachment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
L. Non-Utility Capital Budget – Information Services
– Purchase of Equipment
Mr. Arcelay and Mr. Donchez sponsored Resolution 14,176 which
approved $22,000 in the Non-Utility Capital Budget from the
Equipment – Information Services Account to be utilized
for the purchase of a File Server instead of EMS Networking
and related equipment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
M. Transfer of Funds – EMS – Overtime
Mr. Arcelay and Mr. Donchez sponsored Resolution 14,177
which transferred $15,000 in the General Fund Budget from
the EMS – Temporary Help Account to the EMS –
Overtime Account to provide additional funding needed in the
account.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
N. Transfer of Funds – Housing Inspections –
Overtime
Mrs. Belinski and Mr. Donchez sponsored Resolution 14,178
which transferred $2,000 in the General Fund Budget from the
Health – Temporary Help Account to the Housing –
Overtime Account to provide additional funds for inspectors
to work overtime.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
O. Transfer of Funds – Engineering Bureau – Overtime
Mr. Arcelay and Mr. Donchez sponsored Resolution 14,179
which transferred $8,000 in the General Fund Budget from the
Engineering Bureau – Department Contracts Account to
the Engineering Bureau – Overtime Account to cover overtime
costs for inspections of projects.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
P. Utilization of Savings – Water Capital Budget –
Field Test Equipment
Mr. Arcelay and Mr. Donchez sponsored Resolution 14,180
which approved $900 in the Water Capital Budget from the Equipment-Technical
Support Account to be utilized for the purchase of field test
equipment for drinking water samples.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
Q. Transfer of Funds – Sewer Capital Budget –
Regional Act 537 Analysis
Mr. Arcelay and Mr. Donchez sponsored Resolution 14,181
which transferred $54,000 in the Sewer Capital Budget from
the West Intermediate Clarifier Modifications Account to the
Regional Act 537 Analysis Account to provide funding to pay
for amendment to the consultant’s contract.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
R. Transfer of Funds – Wastewater Treatment –
Electric
Mr. Arcelay and Mr. Donchez sponsored Resolution 14,182
which transferred $99,000 in the Sewer Capital Budget from
the Wastewater Treatment – Chemicals Account to the
Wastewater Treatment – Electric Account to provide sufficient
funding in the Account.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
S. Transfer of Funds – General Fund Budget –
Salaries – Union Contracts – SEIU, Police, and
Fire
Mrs. Belinski and Mr. Donchez sponsored Resolution 14,183
which transferred $717,223 in the General Fund Budget from
the Unforeseen Contingency Account to the listed 40001 Salaries
Accounts to reflect salary increases in the SEIU, Police,
and Fire Unions Contract Agreements for 2003 through 2006.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
T. Transfer of Funds – Water Fund Budget – Salaries
– SEIU Contract
Mr. Donchez and Mrs. Belinski sponsored Resolution 14,184
which transferred $69,615 in the Water Fund Budget from the
Unforeseen Contingency Account to the listed 40001 Salaries
Accounts to reflect salary increases in the SEIU Agreement
for 2003 through 2006.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
U. Transfer of Funds – Sewer Fund Budget – Salaries
– SEIU Contract
Mr. Donchez and Mrs. Belinski sponsored Resolution 14,185
which transferred $60,905 in the Sewer Fund Budget from the
Unforeseen Contingency Account to the listed 40001 Salaries
Accounts to reflect salary increases in the SEIU Agreement
for 2003 through 2006.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
V. Transfer of Funds – Golf Course Enterprise Fund
Budget – Salaries – SEIU Contract
Mrs. Belinski and Mr. Donchez sponsored Resolution 14,186
which transferred $15,149 in the Golf Course Enterprise Fund
Budget from the Unforeseen Contingency Account to the Golf
Course – Salaries Account to reflect salary increases
in the SEIU Agreement for 2003 through 2006.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
W. Transfer of Funds – 911 Fund Budget – Salaries
– SEIU Contract
Mrs. Belinski and Mr. Donchez sponsored Resolution 14,187
which transferred $18,657 in the 911 Fund Budget from the
Unforeseen Contingency Account to the 911 System – Salaries
Account to reflect salary increases in the SEIU Agreement
for 2003 through 2006.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
X. Transfer of Funds – City Clerk’s Office –
Legal Advertising
Mr. Donchez and Mrs. Belinski sponsored Resolution 14,188
which transferred $2,000 in the General Fund Budget from Unforeseen
Contingency Account to the City Clerk – Advertising
Account to provide additional funds to pay for required legal
advertising.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
12. NEW BUSINESS
Rescheduling Public Hearing - 2003 Local Law Enforcement
Block Grant
Mr. Donchez and Mrs. Belinski moved to reschedule the Public
Hearing on the 2003 Local Law Enforcement Block Grant at the
October 7, 2003 City Council Meeting at 7:30 PM in Town Hall.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
motion passed.
Roach Problem - 903 North New Street
Ms. Szabo asserted that, in the current situation of roaches
at 903 North New Street, there are no rights for the neighborhood
property owners who are suffering as a result of roach infestation
at their properties that began at 903 North New Street. Ms.
Szabo queried whether there are Ordinances that cover such
serious health conditions as those created by the roach infestation.
Dana Grubb, Deputy Director of Community Development, while
affirming there are Ordinances that cover the situation, advised
at issue is the fact that a certain amount of notice must
be given to the residents who are renting the property where
the infestation originated in order for them to remove their
possessions and vacate the premises so that the extermination
procedure can have a lasting effect. Mr. Grubb, acknowledging
it certainly has not proven to be a satisfactory solution
for the adjoining neighbors who have been affected by the
roach infestation, advised they have expressed dissatisfaction
to him personally on several occasions. Mr. Grubb, explaining
that the property rights and the tenants of 903 North New
Street must be protected, pointed out that if the situation
were reversed other property owners would expect to have a
certain level of property and tenancy rights protected as
well. Communicating it is not a good answer to somebody who
is suffering from roach infestation as a result of a neighboring
property, Mr. Grubb affirmed it is a matter of due process.
Ms. Szabo, expressing her frustration in following the situation
for many weeks at the request of a friend who has been suffering
from the roach infestation, stressed it seems as though the
situation is being taken care of but yet continues on and
on. Ms. Szabo, noting it was indicated in the press that the
Health Bureau did not put a deadline on cleanup when it came
before District Justice Stocklas, questioned why.
Mr. Grubb, replying a notice was issued that gave the tenants
fifteen days to vacate at which time the property would be
declared uninhabitable, stated there is some flexibility with
the amount of time and it was at his urging that the timeframe
was shortened. Other circumstances involving the tenants included
caseworkers to help them understand what would take place
with the property and available housing options. While the
tenants vacated within the requested timeframe, they unfortunately
left most of their possessions behind that led to a question
of what could be done with the possessions such as disposing
them or whether the possessions could be reclaimed. Mr. Grubb
confirmed that as of late this afternoon everything has been
removed from the address and extermination treatments have
begun. Mr. Grubb, expressing that he shares Ms. Szabo's frustration,
informed her there is a similar problem at another property
where there are seven rental units with one tenant being the
source of the infestation. Mr. Grubb continued on to say that
the learning experience from the 903 North Street situation
is being applied to the second similar situation. Mr. Grubb,
stressing that if it were his mother living next to the source
of the infestation he would certainly be reacting a lot more
aggressively, highlighted this is a fact that he has tried
to impress upon the City's inspections staff.
Ms. Szabo, reiterating her frustration, communicated that
over the years she has seen such things happen time and time
again, and advised she knows people who have had to move because
of intolerable situations and a lack of action. Ms. Szabo
pointed out that the problem being faced now is to make sure
that this very serious situation does not happen again in
the future as it has in the past. Ms. Szabo expressed her
understanding is that the situation has been ongoing for a
couple of years, and added that the people who have moved
out may be taking the roaches with them to their next residence
and the jobsite. Ms. Szabo asked if the Ordinance can be changed
in order to shorten the time required for action, and to protect
the owners of the neighboring properties who are the innocent
victims.
Joseph Leeson, Jr., City Solicitor, commenting that Mr.
Grubb has given a fairly accurate description of the rights
of property owners involved, stated it is his assessment that
the best solution is prompt and immediate action by City personnel
when a problem like this arises. Attorney Leeson noted he
can review the matter of whether time frames can be shortened.
Ms. Szabo queried what dictates time limits.
Attorney Leeson explained that when a matter goes before
a District Justice there must be compliance with timeframes
set forth under City Ordinance and rules issued by the Supreme
Court of Pennsylvania.
Mr. Grubb informed Ms. Szabo he could check which specific
City Ordinances were applicable in the situation. In further
response to Ms. Szabo, Mr. Grubb advised he was not aware
whether the County was involved in the situation because there
was endangerment to children.
Ms. Szabo asked Mr. Grubb to find out what existing Ordinances
cover such a situation in order that they can be reviewed
for possible amendment so that the situation does not occur
in the future.
Mayoral Vacancy, Succession, and Terms
Mr. Gregory recalled that, during discussions at a past
City Council Meeting, Mr. Donchez brought up the possibility
of not limiting the terms of Mayors which issue was to be
reviewed in the Human Resources and Environment Committee.
Expressing that he thought there was agreement among the Members
to look into the matter, Mr. Gregory wondered whether a meeting
will be scheduled.
President Schweder commented it would be his position that
it would be determined by Mr. Callahan, who originated the
discussion, whether he wishes to proceed with the matter.
Mr. Gregory clarified he is not referring to the part of
the discussion about succession in the event of a Mayoral
vacancy that had been raised by Mr. Callahan but is referring
to the matter brought up by Mr. Donchez about the term of
office of the Mayor and to have that matter addressed by the
Committee.
President Schweder noted that the record regarding the discussions
can be checked.
Mr. Arcelay, Chairman of the Human Resources and Environment
Committee, recalled there was uncertainty about the direction,
and informed Mr. Gregory that he has since been reviewing
related information. In recognition of the extent of the issue
and the fact that Budget Hearings will soon start, Mr. Arcelay
advised he has made the determination that the matter will
be taken up at a later date.
President Schweder stated that the record with respect to
the matter will be checked, and acknowledged that the Chairman
will make a determination regarding the matter.
13. COURTESY OF THE FLOOR
Encroaching of Shrubs - 422 East Market Street
Anthony Bubick, 434 Milton Street, informed the Members that
422 East Market Street is unoccupied, Edge Street which crosses
Milton Street parallels the 422 East Market Street property,
and from West Market Street to Milton Street the shrubs are
encroaching into the alley. Mr. Bubick continued on to notify
the Members that City employees trimmed a small amount of
the bushes subsequent to an accident involving the Police
and a bicyclist. Advising that the situation has been ongoing
for approximately three years, Mr. Bubick stated that he spoke
with a representative of the Health Bureau who directed him
to the City Forester. Mr. Bubick asserted there is nothing
being done about the matter that is a safety hazard.
Charles Brown, Director of Parks and Public Property, affirming
that Mr. Bubick talked to him today, agreed that the sidewalk
is partially blocked by overgrown shrubbery that is also growing
out towards the alley.
Michael Alkhal, Director of Public Works, stated that he
will look into the matter and follow up on it, and notice
will be given to the owner. In response to President Schweder,
Mr. Alkhal explained that usually 30 days is given to take
care of a problem after which the City would follow-up and
do the work, and then bill the property owner.
Noise and Traffic Issues - Vicinity of Irene Street and Stefko
Boulevard
Jeff Issa, 1985 Siegfried Street, distributed information
from a meeting of SSI (Stanhope, Siegfried, and Irene Streets)
block watch, formed in June 2003, to the Members of Council
and the press. Mr. Issa related that at Irene Street, located
next to Dunkin Donuts and the former Laneco store, where about
12-15 young children play, there have been nine accidents,
and enumerated the accident dates. Mr. Issa advised that on
June 10, 2003 the group asked for a stop sign to be placed
there but nothing has yet been done. In addition, Mr. Issa
stressed that speeding has occurred at the location and there
are no speed limit signs, but noted he was informed that speed
limit signs are on order. Mr. Issa continued on to advise
that the group asked for a speed trap to be set up by the
Police Department, but Officer Marshall informed him that
the request needs to be further reviewed. Explaining his request
to have Police Officers stationed at the nearby apartment
complex to check for speeding, Mr. Issa said he and his neighbors
have not seen a Police Officer stationed at the apartments
for the past month. Mr. Issa further advised there are no
watch children signs there where a bus drops off students.
Mr. Issa expressed his appreciation to Francis Donchez, Police
Commissioner for taking care of locating a Police substation
at the Texaco gas station on Stefko Boulevard. Mr. Issa continued
on to explain the robberies that took place there.
Mr. Issa informed the Members that loud music at the Classic
Car Wash has been a big problem for the neighbors. Confirming
that he spoke with the father of the owner and told him about
the September 30, 2003 SSI block watch meeting which the son
was requested to attend, Mr. Issa stressed that the group
has taken every step they can. Mr. Issa, asking that something
be done about the problem, expressed he realizes that he cannot
keep calling the Police and added that the noise abates when
the Police arrive.
Mr. Issa related that the Atomic car stereo business on Stefko
Boulevard just had a show, approved by Police Commissioner
Donchez, and explained that his car was shaking from the music
as he drove past. Mr. Issa communicated that the Police Officer
at the area to whom he spoke at the time about the noise "kind
of shrugged it off". When he arrived at home, Mr. Issa
said he called the Police Department and explained the situation
to Sgt. Brown, including the SSI block watch, and asked that
a Police Officer visit the site but no one showed up. Mr.
Issa, advising that he took a video of the scene, enumerated
there was drag racing, spinning of wheels, smoke, and speeding.
Mr. Issa informed the Members that the next day he had explained
the situation to Captain Solderitch. Mr. Issa stated that
the situation was a disturbance to the neighbors who want
a little piece and quiet. Mr. Issa said he spoke to Rita Sparrow
today.
Mr. Issa communicated that he does not want to go the route
of having to request the tapes of his recorded messages with
the Police Department. Mr. Issa, saying all he wants is zero
tolerance of the noise situation, stressed that everyday he
and his wife have to hear noise, their house vibrates, the
noise has been going on in the neighborhood for years, and
his daughter cannot even take a nap because the house windows
shake. Mr. Issa said he would like to ask what could be done
and what is being done.
Francis Donchez, Police Commissioner, advising that he would
have to look into some of the issues tomorrow, stated he would
contact Frank Barron, City Traffic Coordinator, concerning
the stop sign and speeding issues that come under the traffic
engineering bureau in the Department of Public Works. Police
Commissioner Donchez pointed out that, when there is a permit
request, at times he is reluctant to deny it based on what
could be or might be. Noting other situations where permits
are granted and noise provisions might be exceeded, Police
Commissioner Donchez communicated that, while he understands
the concerns, he would not want to be arbitrary in denying
permits. Police Commissioner Donchez stated that, based on
Mr. Issa's comments tonight, if a permit application was made
next year, it would have to be looked at. Police Commissioner
Donchez advised that, upon reviewing the reports today, one
other complaint call was received during that time frame about
spinning of tires.
Mr. Issa explained the reason why other calls are not being
made is because he is the captain of the block watch and speaks
for the group. He added that others from the group were unable
to attend this evening's meeting.
Mr. Issa advised that Senator Boscola's office will be sending
a representative to the next block watch meeting regarding
possibly obtaining funding for signs.
Mayor Delgrosso asked Mr. Issa to make an appointment with
his office, noted that the tape will be reviewed, and that
Police Commissioner Donchez will be present. Mayor Delgrosso
added there are certain criteria for stop signs.
Unaccounted For Water
William Scheirer, 1890 Eaton Avenue, reported that he estimated
the unaccounted for water as a percentage of total water put
into the system at 22.5%. Mr. Scheirer added that he wanted
to do more checking and perhaps supply a written report. Mr.
Scheirer, stating that he used data from the Lehigh Valley
Planning Commission for the most recent reports available
for twenty-five municipalities, noted there were various interpretations
of unaccounted for water. Mr. Scheirer, continuing on to explain
that the percentage equates to approximately 3.5 million gallons
per day, observed the actual amount reported for 2002 was
roughly 4.3 million gallons. He said that means, in terms
of gallons per day, an excess of 800,000 gallons a day above
and beyond what one would expect based on the surrounding
municipalities. Mr. Scheier pointed out that he did his analysis
both with and without Allentown to make sure that municipality's
numbers were not skewing the results. Mr. Scheier stated that,
in terms of gallons, the unaccounted for water as defined
by Bethlehem is 23% greater than one would expect based on
the experience of surrounding municipalities, or 6.2 percentage
points higher. He said the estimate for Bethlehem in 2002
was 28.7% and the percentage predicted by the analysis was
22.5%. While observing that 22.5% is above the PUC standard
of 20%, Mr. Scheirer contended this either means that the
Counties of Lehigh and Northampton as a group do not meet
the PUC standard or maybe there is a reason for that which
might be limestone.
Recovery and Removal of Cars - Hawthorne Road, East Broad
Street, and Milham Lot
Dean Bruch, 625 Hawthorne Road, informed the Members that
the Hawthorne Road area has become quiet following identification
of the individual who stole a car and the recovery of the
stolen car. Mr. Bruch also thanked those involved for removing
the abandoned cars in the former Milham lot on East Broad
Street.
Parking on Residential Streets - East Broad and Wood Streets
Building
Mr. Bruch stated that the parking on the surrounding residential
streets resulting from the East Broad and Wood Streets Building
must be addressed. Mr. Bruch felt that someone should notify
those who occupy the building that the residents of the area
do not like their parking on the surrounding residential streets,
particularly since most of the homes in the area do not have
garages.
Police Vehicles
Mary Pongracz, 321 West Fourth Street, thanked City Council
for restoring a sense of stability and decorum.
Ms. Pongracz expressed the hope that in the 2004 Budget at
least five to seven new vehicles for the Police Department
will be included. Ms. Pongracz stressed that the cars are
important to health and safety of the citizens of the community.
Ms. Pongracz communicated that she hopes the Police Department
gets what is needed for its protection and hers.
Ms. Pongracz, with reference to the comments of Mr. Issa,
observed that zero tolerance means different things to different
people and thought that the Police and Fire Departments, City
Administration and City Council try to do the best for all
citizens.
Bethlehem Authority Replacement of Consulting Engineers
Stephen Antalics, 737 Ridge Street, noting that the Bethlehem
Authority replaced its consulting engineers, Gannett Fleming,
with Schoor DePalma, stated that the replacement caused some
reaction unofficially. Advising that he talked to some professional
engineers at the State level, Mr. Antalics said "they
thought that the water systems in the community are three
levels: dams, and watersheds, water treatment and water transmission
and distribution." Mr. Antalics stated it is his understanding
that the Bethlehem Authority is concerned with dams and the
watershed. Mr. Antalics, informing the Members that he checked
the websites of Schoor DePalma and Gannett Fleming, enumerated
some of the listed services. Observing that since the Bethlehem
Authority is concerned with dams and the watershed, and Gannett
Fleming seems to have a very in-depth history as well as awards
in that discipline, Mr. Antalics stated it raises a question
in his mind "as to the intelligence of taking on somebody
who has no official history in the area of earth sciences
with dams and watersheds." Mr. Antalics commented that,
in searching the internet, he found that the replacement firm
did run into some problems in the City of Phillipsburg. Mr.
Antalics expressed his concern about keeping public welfare
above politics.
14. ADJOURNMENT
The meeting was adjourned at 9:05 p.m.
ATTEST:
City Clerk
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